Directs commissioner of health to establish a uniform letter grading system to classify results of inspections of entertainment venue food service establishments

BILL NUMBER:S39A

Title of bill

An act to amend the public health law, in relation to the establishment of a letter grading system to classify inspection results for entertainment venue food service establishments

Purpose or general idea of bill

Directs commissioner of health to establish a uniform letter grading system to classify results inspections of entertainment venue food service establishments.

Summary of specific provisions

This bill requires the establishment of a system for grading the inspection results of food service establishments located within or otherwise owned operated or controlled by places of entertainment, including privately or publicly owned and operated facilities such as a theatre, stadium, arena, race-track, museum, amusement park, or other place where performances, concerts, exhibits, athletic games or contests are held for which a donation is recommended or required or an entry fee is charged to post the letter grade representing the result of the most recent health inspection.

Due process safeguards are part of this bill. If a letter grade of "A" is not received, the establishment will receive the inspection findings, and can request a re-inspection that will occur within 7 to 21 days. After the re-inspection, a letter grade will again be assigned. if the re-inspection, that finding can be appealed and a review shall occur within 30 days.

This system shall not apply to:

- premises licensed for on-premise consumption of alcoholic beverages pursuant to the alcoholic beverage control law when less than ten percent of the gross sales of such establishment is derived from the retail sale of food for on-premises consumption; or

- food service establishments that do not engage in the retail sale of food for on-premises or off premises consumption from such establishment.

Justification

A recent report by ESPN "Outside the Lines" highlighted findings of health department inspection reports for food and beverage outlets at all 107 North American arenas and stadiums that were home to MLB, NFL, NBA and NHL teams in 2009. From the 107 venues, 30 (28 percent) had been cited for at least one "critical" or "major" health violation. A "critical" or "major" health violation is one that poses a risk for food borne illnesses that can cause an ailment or in extreme cases possible fatalities.

The New York State Department of Health is responsible for the inspection of public places where food is prepared, sold or served in New York. Local health department inspectors conduct surprise inspections to check compliance with state and local laws.

A uniform statewide system of inspection and grading entertainment venue food service establishments will provide consumers an easy way to decide if they wish to eat from a particular food establishment. Such system will provide encouragement to keep food establishments sanitary.

Prior legislative history

2011-12: S.4840-A 2010: S.8458

Fiscal implications

To be determined.

Effective date

This act shall take effect one year after it shall have become a law. Provided, however, that effective immediately, any rules and regulations necessary to implement the provisions of this act on its effective date are authorized and directed to be completed on or before such date.